A.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Municipality for the timely installation
and proper construction of all stormwater management facilities as
required by the approved SWM site plan and this chapter in accordance
with the provisions of Sections 509, 510, and 511 of the Pennsylvania
Municipalities Planning Code. The amount of the guarantee shall be
equal to or greater than the full construction cost of the required
controls.
B.
For other regulated activities, the Municipality may require a financial
guarantee from the applicant.
A.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in an O&M
plan, shall record the following documents in the Office of the Recorder
of Deeds for Montgomery County, within 90 days of approval of the
stormwater facility and BMP O&M plan by the Municipality:
B.
The Municipality may suspend or revoke any approvals granted for
the project site upon discovery of failure on the part of the owner
to comply with this chapter.
C.
The following items shall be included in the O&M plan:
(1)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Montgomery
County, shall be submitted on twenty-four-inch-by-thirty-six-inch
sheets. The contents of the map(s) shall include, but not be limited
to:
(a)
Clear identification of the location and nature of stormwater
controls and BMPs;
(b)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
(c)
Existing and final contours at intervals of two feet, or others
as appropriate;
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(e)
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved;
(f)
The locations of existing and proposed utilities, sanitary sewers,
and water lines within 50 feet of property lines of the project site;
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(h)
Proposed final structures, roads, paved areas, and buildings;
and
(i)
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each stormwater facility and BMP will be
operated and maintained, and the identity and contact information
associated with the person(s) responsible for operations and maintenance;
(3)
The name of the project site, the name and address of the owner
of the property, and the name of the individual or firm preparing
the plan; and
(4)
A statement, signed by the landowner, acknowledging that the
stormwater facilities and BMPs are fixtures that cannot be altered
or removed without prior approval by the Municipality.
D.
The stormwater control and BMP O&M plan for the project site
shall establish responsibilities for the continuing O&M of all
stormwater facilities and BMPs, as follows:
(1)
If a plan includes structures or lots that are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the Municipality, associated stormwater controls
and BMPs also may be dedicated to and maintained by the Municipality;
(2)
If a plan includes operation and maintenance by a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, the O&M of stormwater controls and BMPs, and inspections
required by permits, shall be the responsibility of the owner or private
management entity.
E.
The Municipality will make the final determination on the continuing
operation and maintenance responsibilities prior to final approval
of the stormwater management site plan. The Municipality reserves
the right to accept or reject the O&M responsibility for any or
all portions of the stormwater controls and BMPs. The Municipality
may require a dedication of such facilities as part of the requirements
for approval of the SWM site plan. Such a requirement is not an indication
that the Municipality will accept the facilities. The Municipality
reserves the right to accept or reject the ownership and operating
responsibility for any portion of the stormwater management controls.
F.
Facilities, areas, or structures used as stormwater management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
G.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
H.
The Municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article and this chapter.
A.
Stormwater controls and O&M plans shall be consistent with the
requirements of this chapter.
B.
The Municipality will notify applicants in writing whether or not
O&M plans are approved.
C.
The Municipality's approval letter will indicate whether or
not record drawings of all stormwater controls and BMPs are required,
including a final as-built O&M plan.
A.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an operation and maintenance (O&M) agreement
(see Appendix J[1]) covering all stormwater control facilities which are
to be privately owned.
(1)
The owner, successor and assigns shall maintain all facilities
in accordance with the approved maintenance schedule in the O&M
plan.
(2)
The owner shall convey to the Municipality conservation easements
to assure access for periodic inspections by the Municipality and
maintenance, as necessary.
(3)
The owner shall keep on file with the Municipality the name,
address, and telephone number of the person or company responsible
for maintenance activities; in the event of a change, new information
shall be submitted by the owner to the Municipality within 10 working
days of the change.
(4)
The owner shall sign an O&M agreement with the Municipality
covering all stormwater facilities and BMPs that are to be privately
owned. The O&M agreement shall be transferred with transfer of
ownership.
[1]
Editor's Note: Appendixes A through J are on file in
the Township offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all stormwater
facilities and BMPs. The O&M agreement shall be subject to the
review and approval of the Municipality.
C.
The owner is responsible for O&M of the SWM BMPs. If the owner
fails to adhere to the O&M agreement, the Municipality may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
A.
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan
and the O&M plan.
B.
The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance or the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.
